senate Bill S5751A

2015-2016 Legislative Session

Relates to financial liability for major facilities, vessels, and railroads

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to environmental conservation
Jun 03, 2015 print number 5751a
Jun 03, 2015 amend (t) and recommit to environmental conservation
Jun 02, 2015 referred to environmental conservation

S5751 - Details

See Assembly Version of this Bill:
A7625
Current Committee:
Senate Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §181, add §181-f, Nav L
Versions Introduced in 2017-2018 Legislative Session:
S1515, A1773

S5751 - Summary

Relates to financial liability for major facilities, vessels, and railroads.

S5751 - Sponsor Memo

S5751 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5751

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the navigation law, in relation to notice of  crude  oil
  shipments to major facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The navigation law is amended by adding a new section 174-c
to read as follows:
  S 174-C. NOTICE OF CRUDE OIL SHIPMENTS TO MAJOR FACILITIES. 1. A MAJOR
FACILITY THAT RECEIVES CRUDE  OIL  FROM  A  RAILROAD  CAR  MUST  PROVIDE
ADVANCE  NOTICE  TO  THE  COMMISSIONER  AS PROVIDED IN THIS SECTION. THE
ADVANCE NOTICE MUST, AT A MINIMUM, INCLUDE THE ROUTE TO BE TAKEN TO  THE
FACILITY  WITHIN  THE STATE, IF KNOWN, AND THE SCHEDULED TIME, LOCATION,
VOLUME, REGION PER BILL OF LADING, AND GRAVITY AS MEASURED BY  STANDARDS
DEVELOPED  BY  THE  AMERICAN PETROLEUM INSTITUTE, OF CRUDE OIL RECEIVED.
EACH WEEK, A FACILITY THAT PROVIDES ADVANCE NOTICE  UNDER  THIS  SECTION
MUST PROVIDE THE REQUIRED INFORMATION REGARDING THE SCHEDULED ARRIVAL OF
RAILROAD  CARS  CARRYING CRUDE OIL TO BE RECEIVED BY THE FACILITY IN THE
SUCCEEDING SEVEN-DAY PERIOD IN A MANNER SPECIFIED BY THE DEPARTMENT.   A
MAJOR  FACILITY  IS NOT REQUIRED TO PROVIDE ADVANCE NOTICE WHEN THERE IS
NO RECEIPT OF CRUDE OIL FROM A RAILROAD CAR SCHEDULED  FOR  A  SEVEN-DAY
PERIOD.
  2. THE COMMISSIONER SHALL SHARE INFORMATION PROVIDED BY A MAJOR FACIL-
ITY  WITH THE STATE EMERGENCY MANAGEMENT OFFICE AND SHALL PROVIDE INFOR-
MATION TO ANY MUNICIPAL EMERGENCY RESPONSE AGENCY UPON REQUEST.
  3. THE COMMISSIONER MUST POST INFORMATION COLLECTED UNDER THIS SECTION
ON A QUARTERLY BASIS ON THE DEPARTMENT'S INTERNET WEB SITE PROVIDED THAT
THE INFORMATION PUBLISHED BY THE COMMISSIONER MAY  BE  AGGREGATED  ON  A
STATEWIDE  BASIS  BY  ROUTE  THROUGH  THE STATE, BY WEEK, AND BY TYPE OF
CRUDE OIL. THE REPORT MAY ALSO INCLUDE OTHER  INFORMATION  AVAILABLE  TO
THE  DEPARTMENT INCLUDING, BUT NOT LIMITED TO, PLACE OF ORIGIN, MODES OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11295-03-5

Co-Sponsors

view additional co-sponsors

S5751A (ACTIVE) - Details

See Assembly Version of this Bill:
A7625
Current Committee:
Senate Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §181, add §181-f, Nav L
Versions Introduced in 2017-2018 Legislative Session:
S1515, A1773

S5751A (ACTIVE) - Summary

Relates to financial liability for major facilities, vessels, and railroads.

S5751A (ACTIVE) - Sponsor Memo

S5751A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5751--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the navigation law, in relation to financial responsi-
  bility for the liability of a major facility or vessel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (e) of subdivision 3 of section 181 of the navi-
gation law, as amended by chapter 584 of the laws of 1992  and  subpara-
graphs  (ii) and (iii) as amended by chapter 585 of the laws of 1992 and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended and a new paragraph (f) is added to read as follows:
  (e) (i) The owner or operator of a MAJOR FACILITY OR  A  vessel  shall
establish and maintain with the department evidence of financial respon-
sibility sufficient to meet the amount of liability established pursuant
to  paragraph  (a) of this subdivision. A PERSON MAY NOT CAUSE OR PERMIT
THE OPERATION OF A MAJOR FACILITY OR  VESSEL  IN  THE  STATE  UNTIL  THE
PERSON  HAS FURNISHED TO THE DEPARTMENT, AND THE DEPARTMENT HAS APPROVED
SUCH EVIDENCE. The owner or operator of any  vessel  which  demonstrates
financial responsibility pursuant to the requirements of the Federal Oil
Pollution  Act of 1990 (33 U.S.C. 2701 et seq.), shall be deemed to have
demonstrated financial responsibility in accordance with this paragraph.
  (ii) [The commissioner in  consultation  with  the  superintendent  of
financial  services  may  promulgate  regulations requiring the owner or
operator of a major facility other than a vessel to establish and  main-
tain  evidence  of  financial  responsibility in an amount not to exceed
twenty-five dollars, per incident, for each barrel  of  total  petroleum
storage  capacity  at  the facility, subject to a maximum of one million
dollars per incident per facility in an  aggregate  not  to  exceed  two
million  dollars  per  facility per year; provided, however, that if the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11295-04-5

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